Last Updated: August 30, 2022
Thank you for your interest in the Zapier Early Access Program, which Zapier, Inc. (“Zapier”) has designed and developed to, among other things, allow certain people to access developmental, test, experimental, and/or early-access features of the Zapier Service (the “Beta Features”) and to provide Zapier with feedback and comments regarding such Beta Features.
1. Feedback. By enrolling in the Zapier Early Access Program you will have the ability to: (i) test, evaluate, and analyze Beta Features which may be temporarily made available to you at Zapier's sole and exclusive discretion; and (ii) provide feedback, analysis, suggestions, and comments to Zapier (including, but not limited to, bug reports and test results) (collectively, “Feedback”). By participating in the Zapier Early Access Program, you agree that any Feedback you provide will become the property of Zapier and that Zapier may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known without any further remuneration, compensation, or credit to you. You represent and warrant that you have the right to enter into these Terms and assign and grant the rights set forth herein, and that any Feedback which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.
2. Incorporation of Zapier TOS. You acknowledge and agree that the terms of the Zapier TOS shall apply with respect to the Zapier Early Access Program where applicable, including without limitation, Section 3 (Your Use of the Service and Restrictions), Section 4 (Terms that Apply to Your Data), and Section 5 (Proprietary Rights and Improving the Service). To the extent these Terms conflict with the terms of the Zapier TOS, the more restrictive terms shall control in each case.
a. Confidential Information. The Zapier Early Access Program is designed to assist Zapier in researching, analyzing, and validating the usability and reliability of certain prospective product features (collectively, the “Purpose”). Zapier may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information as set forth below. As used herein, “Confidential Information” means all information disclosed by Zapier, including, without limitation, documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, existing or prospective product study or pilot test objectives and/or results, and other information related to the Purpose. Consistent with the foregoing, Zapier may also disclose Confidential Information related to certain unreleased and experimental product features or plans.
b. Obligations Regarding Confidential Information. You agree to: (i) use Confidential Information only for the Purpose; (ii) not disclose Confidential Information to any third parties (including the sharing of any images or recordings of Beta Features); and (iii) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination, or publication of Confidential Information as you would use to protect your own confidential information of like nature.
c. Remedies. You agree that any breach of these Terms by you may result in irreparable harm to Zapier, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Zapier shall be entitled to seek equitable relief, including injunction, in the event of such breach.
4. Ownership. Zapier owns and shall retain all right, title, and interest in and to the Zapier Early Access Program and any products, services, and materials that are part of the Zapier Early Access Program, and any modifications, customizations, or derivations thereto.
5. No Compensation or Employment. You acknowledge that your participation in the Zapier Early Access Program is on a voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Zapier in using, implementing, and understanding different aspects of the Beta Features. You acknowledge and agree that Zapier has no obligation to provide you compensation for your participation or Feedback. Zapier makes no guarantee or representation as to whether any of your Feedback regarding the Beta Features will be used. Furthermore, you acknowledge and agree that nothing in these Terms or in your voluntary submission of Feedback creates any employment relationship between you and Zapier.
6. Term. Zapier may, in its sole discretion, at any time, terminate or discontinue the Zapier Early Access Program or any or all Beta Features offered through it, discontinue your participation in the Zapier Early Access Program, or remove any Feedback that you share. You acknowledge and agree that all such decisions by Zapier are final and Zapier will have no liability with respect to such decisions.
7. Notices. Unless otherwise set forth in these Terms, Zapier may give general notices to you by posting on any Zapier website (e.g., zapier.com) and, where possible, by electronic mail to your email address.
8. No Warranty from Zapier. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE ZAPIER EARLY ACCESS PROGRAM IS AT YOUR OWN RISK. THE ZAPIER EARLY ACCESS PROGRAM IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ZAPIER EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE ZAPIER EARLY ACCESS PROGRAM, THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE ZAPIER EARLY ACCESS PROGRAM, THE BETA FEATURES, ZAPIER, AND/OR THE ZAPIER WEBSITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF; AND (B) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. Limitations of Liability. IN NO EVENT SHALL ZAPIER, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ZAPIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, ZAPIER’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that Zapier has entered into these Terms in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.